Knife River Corporation - South v. Zurich American Insurance Company et al
| Knife River Corporation - South |
| American Guarantee and Liability Insurance Company and Zurich American Insurance Company |
| 3:2021cv01344 |
| June 10, 2021 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Contract: Insurance |
| 28 U.S.C. ยง 2201 |
| None |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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Filing 13
NOTICE of Service of Defendants' Rule 26 Initial Disclosures filed by American Guarantee and Liability Insurance Company, Zurich American Insurance Company (Dancy, Blair)
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Filing 12
NOTICE of Filing Regarding Plaintiff's Initial Disclosures filed by Knife River Corporation - South (Allen, Meredith)
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Filing 11
SCHEDULING ORDER: This case is set for trial beginning 8/1/2022 before Judge Jane J. Boyle. Joinder of Parties due by 11/4/2021. Amended Pleadings due by 11/4/2021. Motions due by 5/3/2022. Discovery due by 4/1/2022. Deadline for mediation is on or before 3/4/2022. Pretrial Order due by 7/18/2022. Pretrial Materials due by 7/18/2022. Pretrial Conference set for 7/29/2022 10:00 AM before Judge Jane J. Boyle. (Ordered by Judge Jane J. Boyle on 7/29/2021) (svc)
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Filing 10
Joint STATUS REPORT filed by Knife River Corporation - South. (Allen, Meredith)
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Filing 9
STATUS REPORT ORDER: Status Report due by 7/28/2021. (Ordered by Judge Jane J. Boyle on 7/7/2021) (svc)
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Filing 8
ELECTRONIC ORDER: In their Answer (Doc. 7), Defendants purport to reserve a right to file a separate motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Doc. 7, Answer, 5. But under Rule 12, Defendants were required to make any motion asserting a failure-to-state-a-claim defense "before pleading if a responsive pleading is allowed." Accordingly, should Defendants file any motion to dismiss, the Court will treat it as a motion for judgment on the pleadings under Rule 12(c). See Cox v. Richards, 761 F. App'x 244, 247 (5th Cir. 2019) (per curiam) ("[W]here... a defendant files a motion to dismiss after filing a responsive pleading, the motion may be treated as one for judgment on the pleadings under Federal Rule of Civil Procedure 12(c)." (citation omitted)). (Ordered by Judge Jane J. Boyle on 7/7/2021) (chmb)
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Filing 7
ANSWER to #1 Complaint filed by American Guarantee and Liability Insurance Company, Zurich American Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Blair Dancy added to party American Guarantee and Liability Insurance Company(pty:dft), Attorney Blair Dancy added to party Zurich American Insurance Company(pty:dft) (Dancy, Blair)
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Filing 6
SUMMONS Returned Executed as to Zurich American Insurance Company; served on 6/15/2021. (Fee, Thomas)
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Filing 5
SUMMONS Returned Executed as to American Guarantee and Liability Insurance Company; served on 6/15/2021. (Fee, Thomas)
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Filing 4
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ygl)
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Filing 3
Summons Issued as to American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (ygl)
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Filing 2
ADDITIONAL ATTACHMENTS to #1 Complaint, by Plaintiff Knife River Corporation - South. (Fee, Thomas)
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Filing 1
COMPLAINT against Zurich American Insurance Company, American Guarantee and Liability Insurance Company filed by Knife River Corporation - South. (Filing fee $402; receipt number 0539-11964113.) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Fee, Thomas) Modified on 6/10/2021, to include receipt number (ygl).
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